Officer Planning Report

Planning Report And Recommendations {{table:480430}} ### Considerations {{table:480428}} ### Written Representations ### Consultations {{table:480429}}

Officer's Report

The Application Site And Proposed Development

The application site comprises the curtilage of Whitehouse Buildings in White House Close in Laxey.

The proposed development comprises the alteration and installation of replacement ground floor windows and doors.

Planning History

The application site has been subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:

Planning application 08/01793/B sought approval for the installation of replacement windows within the building. This previous planning application was approved on the 14th November 2008.

Representations

Laxey Village Commissioners state that they wish to defer their decision on the grounds they consider there to be insufficient detail in respect of proposed finish and colour of the hardwood windows.

Planning Policy

In terms of local plan policy, the application site is located within a wider area of land that is designated as mixed use (residential/retail/office) under the Laxey and Lonan Area Plan Order 2005. The application site is also within a Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states:

"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

General Policy 2 states:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

Assessment

The planning application seeks approval for the alteration and installation of replacement ground floor windows and doors. It should be noted that the replacement windows shown at first floor level on the submitted drawings already have extant planning approval under previous planning application 08/01793/B, hence the description of development for the current planning application.

The development proposed by the planning application is considered to be relatively modest and in keeping with the character of the building and the Conservation Area. As such, the proposal accords with policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 and General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007

In respect of the representation from Laxey Village Commissioners it should be noted that the painting of window frames is not development and does not require planning approval. Their request for additional information is therefore unnecessary and unreasonable.

It is recommended that the planning application be approved.

Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Laxey Village Commissioners.

Recommendation

Recommended Decision: Permitted Date of Recommendatio: 27.07.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to drawing no. L/66/1(B) date stamped the 17th June 2009.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : Committee Meeting Date : 12 / 2 / 09 Signed : Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate